IMPORTANT POINT
Speaker of Tamil Nadu Legislative Assembly rightly passed order of disqualification under Para (2)(1)(a) of Tenth Schedule r/w Art. 191 of Constitution when the two expelled members of AIADMK, who were declared "unattached" members, later joined another political party MDMK. That amounted to disqualification by defection.

JUDGMENT

Ahmadi, CJI.-Special leave granted.

2. The appellants are two members of the Tamil Nadu Legislative Assembly elected in the general elections held in 1991. Both of them were candidates set up by All India Anna Dravida Munnetra Khazhagam (for short AIADMK ). Mr. Viswanathan was elected from Arcot Legislative Assembly constituency whereas Mr. Azhagu Thirunavukkarasu was elected from Orathanadu constituency. Both of them were expelled from AIADMK party on January 8, 1994. On March 16, 1994 the Speaker of Tamil Nadu Legislative Assembly (for short Assembly ) declared the two appellants as unattached members of the Assembly. Enclosing certain papers and other documents one Subburethinam, Member of the Assembly, informed the Speaker that both the appellants have joined another (new) party called Maru Malarchi Dravida Munnetra Khazhagam ( MDMK for short) and hence they should, as per the provisions of law, be disqualified from the membership of the Assembly. On March 6,1995 the Secretary Legislative Assembly issued a notice under Section 7 of the Tamil Nadu Assembly (Disqualification on Ground of Defections) Rules, 1986, and called for the comments of the appellants on the representation made by Subburethinam to disqualify them. The appellants filed Writ Petition Nos. 3562 and 3563/95 in the High Court of Judicature at Madras and assailed the said notice of the Secretary of the Assembly, dated March 6, 1995. Sivaraj Patil, J. by order dated March 10, 1995 dismissed the writ petitions with the following observations :

"Having regard to the law declared by the Apex Court, I do not think it is appropriate to entertain these writ petitions. The Learned Senior Counsel for the Petitioner submitted that on similar questions this Court has already entertained two writ petitions by the same petitioners in W.P.No. 5349 of 1994 and 5496 of 1994. When specifically asked, the learned Senior Counsel fairly submitted that as on the date when the earlier writ petitions were filed the petitioners were only unattached members were only unattached members having been expelled from the party and did not join other political party, but as on today, they have joined some other political party. Be that as it may, in the light of the judgment of the Supreme Court aforementioned, I am not inclined to entertain these writ petitions."

(Emphasis supplied)

3. Thereafter, the appellants filed representations before the Speaker, Tamil Nadu Legislative Assembly, stating they were "Unattached members" of the Assembly and so the provisions of the Tenth Schedule of the Constitution of India regarding disqualifications did not apply to them. They also prayed that the preliminary question as to whether the Tenth Schedule of the Constitution would apply to them, they being unattached members, may be adjudicated in the first instance. The Speaker considered the entire matter in detail and disposed of the same by separate but similar orders dated April 20,1995. In paragraph 14 thereof, the Speaker stated thus :

"14. The admitted relevant facts Which are necessary for determination of the issues raised are as follows :-

A. That the Respondent contested as an official candidate of All India Anna Dravida Munnetra Khazhagam party from (Arcot) Orathandu Constituency.

B. That he was expelled from All India Anna Dravida Munnetra Khazhagam party for anti-party activities.

C. That he had been declared as an unattached member by a ruling dated 16.3.1994 as per the convention and not as per the Tenth Schedule or the relevant rules made by that Act.

D. That he had joined another political party, viz., Marumalarchi Dravida Munnertra Khazhagam."

Discussing the matter in detail, the Speaker construed, paragraphs 2(1), 2(2) and Explanation (a) to sub-paragraph (1) of paragraph 2 of the Tenth Schedule and held that if a person is set up as a candidate for election by a political party and gets